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Swami Sadashiva Brahmendra Sar (Nil)     12 June 2009

Agreement regarding jurisdiction

Whether an agreement regarding jurisdiction is valid ? is a party bound to file suit only before the court mentioned in the agreement ?



 4 Replies

PC Agrawal (Company Secretary)     17 June 2009

In case law permits filing suit in any of  the two or more courts, in that case parties can agree that only one of these courts (as specified in the agreement) will have jurisdiction over such contract.  Such clause however will not be binding if the specified court does not have any jurisdiction over the issue.  For example, if the seller is in Mumbai and the buyer is in Delhi, suit for recovery can be filed either in Mumbai or in Delhi.  However, the parties by agreement cannot provide that the court in Kolkatta will have jurisdiction over the issue.

1 Like

shonith (Law Officer)     19 June 2009

Dear sir,

Whether  we file a suit for recovery of money/movables in the place of business of Seller?

Sushil Kumar Bhatia (Advocate)     22 June 2009

In an agreement if the pecuniary jurisdiction of dispute is mentioned then particular court shall have jurisdiction

1 Like

jayaveladvocate (Lawyer)     26 June 2009

The word exclusive jurisdiction must be found unless the agreement conferring jurisdiction is mere declaration of legal position


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